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March 17, 2026Research0 citationsOpen Access

From Stigmatizing Exclusion to Conditional Reintegration Rights Protection, Social Risk, and Governance Balance in the Administrative Offense Record Sealing System

XTXing TangjieJiangsu University of Science and Technology

Key Points

  • The research aims to analyze the tension between combating unlawful conduct and preventing lifelong exclusion due to administrative offenses.
  • Conducted normative analysis to evaluate rights-protective rationale
  • Engaged in comparative inquiry of governance models
  • Executed case-based examination of institutional foundations
  • Proposed record sealing reflects a shift toward correction and rehabilitation
  • Demonstrated commitment to rule-of-law governance in policy reform
  • Identified potential social risks associated with new administrative mechanisms

Abstract

A structural tension arises between the state’s interest in combating unlawful and criminal conduct in pursuit of social justice and the imperative to prevent a single violation from resulting in lifelong exclusion. The Administrative Offense Record Sealing mechanism established under Article 136 of the newly revised Law on Penalties for Administration of Public Security stands at the center of this tension. This article argues that the system does not represent a weakening of anti-drug enforcement. Rather, it reflects a shift in governance from a purely punitive model toward a more integrated approach to correction and rehabilitation, and from stigmatizing exclusion to conditional reintegration. In this sense, the reform embodies a deepening commitment to rule-of-law governance. At its core, it seeks to strike a cautious balance between the protection of fundamental rights and the safeguarding of the public interest. Methodologically, this article combines normative analysis, comparative inquiry, and case-based examination. It develops a coherent analytical framework that clarifies the institutional foundations of the system, articulates its rights-protective rationale, and evaluates its potential social risks, thereby offering a multidimensional and nuanced account of this complex reform.

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Cite This Study

Xing Tangjie (2026) studied this question.

synapsesocial.com/papers/69b8f13ddeb47d591b8c63d8https://doi.org/10.65613/690431
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